SATYA NARAYAN Vs. KANWAR LAL

JUDGEMENT

(1.) With the consent of learned counsel for both the sides, the matter is taken up for final disposal.

(2.) The present petition is filed under Article 227 of the Constitution of India against the order dtd. 14/11/2018 passed by MACT No.2, District-Kota in M.A.C. No. 474/2013 by which the application filed by the petitioner for summoning the witnesses has been dismissed with a cost of Rs.1,000.00.

(3.) Learned counsel for the petitioner has submitted that the impugned order passed by the learned Tribunal is contrary to the settled position of law and the facts of the present matter and therefore, it is liable to be quashed and set aside. In this regard, learned counsel further submitted that to resolve the controversy raised by the Insurance Company with regard to its liability, the witnesses sought to be summoned by the petitioner-claimants were necessary witnesses and they ought to have been called by the learned Tribunal by allowing the application filed by the petitioner for re-opening of the evidence. Learned counsel further submitted that the application filed by the petitioner could not be dismissed only on the ground that the claim petitions were listed at the stage of final arguments. In support of the said contention, it was argued that the provisions of Chapter 10 of the Rajasthan Motor Vehicles Rules, 1990 empower the Tribunal to summon those witnesses, whose evidence is necessary for the adjudication of a controversy raised in the claim petition. Therefore, the impugned order was passed in contravention of the provisions of Chapter 10 of the said Rules of 1990. Learned counsel further submitted that the strict rules of evidence are not applicable in claim petitions, therefore, the act of re-opening evidence and summoning witnesses shall not prejudice the interest of any of the parties to the petition as they shall have the opportunity to crossexamine them as well. Hence, in light of the submissions made herein-above, it was urged that to bring the correct facts on record, summoning the witnesses is imperative and therefore, the impugned order passed by the learned Tribunal should be quashed and set aside. Learned counsel has placed reliance upon the Apex Court judgment in S.B. Civil Writ Petition No. 8039/2018 titled as Guddi Bai and Ors vs. Sitaram Meghwal and Ors.